B-Permits

Regarding Berkeley Creek Ordinance

ATTACHMENT B

NOTICE OF PUBLIC HEARING ON CITY'S CREEK ORDINANCE

BERKELEY CITY COUNCIL SPECIAL MEETING

SEPTEMBER 28, 2004

Memo from City Clerk -|- Memo from City Manager-|-  Ordinance (Attachment A) 

Permit Application Procedure (Attachment B)-|- Disaster Replacement Draft Ordinance Modifications (Attachment C)

SUBJECT Procedure for Processing Permit Applications Where a Creek May Be Present on the Property

PURPOSE

The purpose of this Administrative Regulation is establish a process to implement the Creeks Ordinance, Berkeley Municipal Code Chapter 17.08, by requiring certain documentation from property owners where City records indicate that development on the property might be subject to the restrictions of this Chapter.

POLICY

The City of Berkeley has adopted the Creeks Ordinance, Chapter 17.08. The Creeks Ordinance was intended to establish a policy on: (1) the issuance of permits for culverting open creeks; (2) the rehabilitation and restoration of natural waterways; and (3) the management of watersheds. With regard to new construction, the Creeks Ordinance requires a property owner to maintain a 30 foot setback from the centerline of a creek unless certain findings can be made by the Zoning Adjustments Board. To assist the staff and property owners in identifying and enforcing the Creeks Ordinance with regard to new construction, the City has adopted the following procedure. Accordingly, when staff receives a permit application for construction on a parcel that has been identified by the City as potentially subject to the setback requirements, the procedure described below must be followed:

PROCEDURE

• 1. Require those property owners to submit a topographical map of their property and any adjoining property to adequately identify drainage patterns on the parcel.

  2. If the owner does not dispute that their parcel is subject to the ordinance, then the Department of Public Works, City Engineer, shall determine the centerline of the creek from the topographical map and identify the setbacks required under the ordinance.

  3. If the owner does dispute that their parcel is subject to the ordinance, then they would also be required to submit a certification from a either a registered civil engineer or a licensed land surveyor that a creek does not exist on the parcel as well as any adjoining property or portion thereof where the topography map suggests that such adjoining property or portion thereof may contain a creek, after two (2) inches of rain has fallen in a twenty-four (24) hour period.

  4. If the owner submits a such a certification, the City Engineer shall review it and the topographical map and, if deemed necessary, conduct a site visit.

  5. After this investigation/review is complete, the City Engineer would either verify or reject the

  6. certification.

Memo from City Clerk -|- Memo from City Manager-|-  Ordinance (Attachment A) 

Permit Application Procedure (Attachment B)-|- Disaster Replacement Draft Ordinance Modifications (Attachment C)